Apoorva, Author at SCC Times

[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses

“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.

Case Briefs High Courts

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed

Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.

Case Briefs High Courts

‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT

Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.

Case Briefs High Courts

Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000

“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”

Case Briefs Supreme Court

Compulsory acquisition of private property: Supreme Court outlines seven sub-rights of Constitutional Right to Property

“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”

Hot Off The Press News

Supreme Court suspends screening of film ‘Hamare Baarah’ until disposal of case pending over its release before Bombay HC

Supreme Court gave the petitioner liberty to raise the objection regarding constitution of the committee by the CBFC before the High Court

Hot Off The Press News

[Delhi Water Crisis] Supreme Court asks Delhi Govt. to file affidavit for the measures taken to prevent water loss

In the earlier order, the Supreme Court deferred the hearing after noting that the defects in the Delhi Government’s petition copy have not been removed.

Case Briefs High Courts

Co-operative societies are not “public authorities” under RTI Act, not bound to provide information requested by citizen: Madras HC reiterates

As per the petitioner, the society is an autonomous body and is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.

Case Briefs Supreme Court

Can Arbitration proceedings be terminated on claimant’s failure to request Arbitral Tribunal to fix a date for hearing? SC answers

“The abandonment of the claim can be either express or implied. The abandonment cannot be readily inferred. There is an implied abandonment when admitted or proved facts are so clinching that the only inference which can be drawn is of the abandonment.”

Hot Off The Press News

Supreme Court modifies circular on AOR Exam Cancellation

Last date for submission of options to take the fresh examination in Paper-I will be 30-06-2024. Options must be submitted on advocate- on-record@sci.nic.in mentioning the name of the candidate, cell phone number and roll number allotted to the candidate for the present examination

Case Briefs Supreme Court

Technical glitches force cancellation of Practice Paper I of Supreme Court’s AoR Exam; Candidates to rewrite paper in offline mode

Paper-I (Practice and Procedure of the Supreme Court) of the Advocates-on-Record (AoR) Examination held on 10 June 2024 stands cancelled in view of the technical glitches experienced by candidates appearing for computer-based examination at the examination centre.

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[Delhi Water Crisis] Supreme Court adjourns hearing as defects in Delhi Govt. petition have not been cured

In the earlier order, Supreme Court has directed Himachal Pradesh Govt. to release 137 cusecs of water to Delhi and also directed Haryana to facilitate the flow of water from Hathnikund to Wazirabad, so it reaches Delhi without obstruction, and the residents get drinking water.

Case Briefs High Courts

‘Extracting work from Junior Advocates without payment is exploitation and in violation of fundamental rights’; Madras HC suggests for minimum stipend

“The function of the Bar Council is to ensure that the livelihood of these lawyers is protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”

Case Briefs Supreme Court

Read why Supreme Court sets aside Madras HC bail order granting bail to PFI Members in UAPA case

“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”

Case Briefs High Courts

Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC

“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”

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[Delhi Water Crisis] Supreme Court directs Himachal Pradesh Govt. to release 137 cusecs of water to Delhi; Haryana to facilitate the flow

Supreme Court said that due to the acute water shortage, there should be no wastage of water by the Delhi Government for which it should adopt the measures suggested by the Board.

Case Briefs Supreme Court

Whether Air India after its privatisation can be subjected to writ jurisdiction of High Court? Supreme Court answers

Supreme Court noted that the Division Bench of Bombay High Court, only denied equitable relief under Article 226 of the Constitution of India to the appellants but at the same time, rights of the appellants to claim relief in law before the appropriate forum have been protected.

Case Briefs High Courts

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Case Briefs High Courts

Allahabad High Court Requests State Government to frame Insurance scheme for State Law Officers practicing in UP

Allahabad HC allowed the petitioner to raise the other issues before the Development Authority or the Nagar Nigam, as they would not be considered any further in these proceedings

Case Briefs High Courts

What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers

Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.